Independent Contractor Agreement

Cheetah Can – Can Movers Terms and Conditions

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This Independent Contractor Agreement (“Agreement”) is made and entered into by and between you, the undersigned contractor (“CONTRACTOR”), an independent contractor engaged in the business of providing the services described herein, and Cheetah Can, LLC (“CHEETAH CAN” or “COMPANY”). CONTRACTOR may enter this Agreement either as an individual or as a registered business entity.

This Agreement shall become effective as of the date it is accepted by the CONTRACTOR, regardless of whether CONTRACTOR is assigned or performs any services for CHEETAH CAN.

IMPORTANT NOTICE – PLEASE READ CAREFULLY
PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION XI, AS IT REQUIRES THE PARTIES (UNLESS YOU VALIDLY OPT OUT OF ARBITRATION, AS PROVIDED BELOW) TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION.
BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, INCLUDING SECTION XI, AND THAT YOU HAVE TAKEN THE TIME AND SOUGHT ANY ASSISTANCE NEEDED TO FULLY COMPREHEND THE CONSEQUENCES OF ACCEPTING THIS AGREEMENT.

 

RECITALS

CHEETAH CAN is a company that operates a web-based platform and scheduling system to connect independent contractors (“Can Movers”) with homeowners, property managers, vacation rental operators, and other residential or commercial property users seeking trash can valet services (“CHEETAH CAN Platform” or “Platform”). CHEETAH CAN’s software and systems allow registered subscribers to request and schedule services for moving trash bins to the curb before collection and returning them afterward. CHEETAH CAN’s platform assigns these service requests to independent contractors and facilitates service tracking and proof of completion.

CONTRACTOR is an independent provider of services who is authorized to perform the services contemplated under this Agreement in the geographic area(s) in which CONTRACTOR operates. CONTRACTOR certifies that they possess all tools, equipment, and personnel necessary to fulfill the services in accordance with all applicable laws and regulations. CONTRACTOR desires to enter into this Agreement for the opportunity to access and accept service requests made available through the CHEETAH CAN Platform.

CONTRACTOR expressly understands and agrees that they are not an employee of CHEETAH CAN, any subscriber, property owner, or any third party utilizing the Platform. CONTRACTOR acknowledges and agrees that:

1. They operate independently and are performing services on behalf of themselves or their business entity;
    

2. They are free to choose their own availability to receive service opportunities;
    

3. They are free to accept or reject any service request made available through the CHEETAH CAN Platform;
    

4. They retain sole discretion and control over the method, manner, and means of performing any accepted service request;
    

5. They are entering this Agreement voluntarily to pursue independent business opportunities.

In consideration of the above, as well as the mutual promises described herein, CHEETAH CAN and CONTRACTOR (collectively, the “Parties”) agree as follows:

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I. PURPOSE OF THE AGREEMENT

This Agreement governs the business relationship between CHEETAH CAN and CONTRACTOR, and defines the respective rights and obligations of each party. In exchange for the mutual promises outlined in this Agreement, CONTRACTOR shall have the right and opportunity to perform the “Contracted Services” as defined herein.

However, nothing in this Agreement shall be construed as requiring CONTRACTOR to perform any minimum volume of Contracted Services during the term of this Agreement, nor shall CONTRACTOR be guaranteed any specific volume of work or duration of assignments.

CONTRACTOR is under no obligation to accept or perform any particular “Service Opportunity” (as defined in Section II) offered by CHEETAH CAN. However, once a Service Opportunity has been assigned and accepted, CONTRACTOR is contractually obligated to complete the requested services in accordance with the client’s instructions and the terms and conditions outlined in this Agreement.

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II. CONTRACTOR’S OPERATIONS

CONTRACTOR represents that they operate an independently established business enterprise that offers services of the kind contemplated by this Agreement and that they meet all applicable legal and regulatory requirements, including the possession of any necessary licenses, permits, and insurance coverage.

As an independent contractor, CONTRACTOR shall be solely responsible for the manner and means by which Contracted Services are performed. CHEETAH CAN shall not direct or control how CONTRACTOR provides services, manages operations, or conducts route selection. CONTRACTOR retains full discretion and autonomy in determining how to efficiently, safely, and lawfully fulfill each Service Opportunity.

CONTRACTOR agrees to carry out all Contracted Services in a timely, professional, and responsible manner.

As an independent business, CONTRACTOR retains the right to offer similar services to other clients or companies and to represent themselves as a separate, standalone enterprise. The Parties acknowledge and agree that both CONTRACTOR and CHEETAH CAN may engage in similar agreements with third parties. Nothing in this Agreement shall restrict either party from conducting business with others, except during the time CONTRACTOR is actively engaged with a CHEETAH CAN Service Opportunity or with a direct competitor of CHEETAH CAN.

CONTRACTOR shall not be required to purchase, rent, or lease any specific products, tools, or equipment from CHEETAH CAN as a condition of entering into this Agreement or accepting service assignments.

CONTRACTOR agrees to notify CHEETAH CAN in writing at support@cheetahcan.com if their operational autonomy, as described in this section, is being impeded or modified in any way.

Technology and Routing Tools: From time to time, CHEETAH CAN may provide access to optional technology tools, including route optimization software (such as Upper), to facilitate coordination, efficiency, and customer service. Use of these tools is voluntary. CONTRACTOR retains full discretion over whether and how to use such tools and remains solely responsible for selecting the method and manner of completing all accepted Service Routes. Use of such tools does not alter the independent contractor relationship between the Parties.

Proof of Service Requirements: For accepted Service Routes, CONTRACTOR agrees to submit basic proof of service documentation using a standardized tool provided by CHEETAH CAN (e.g., Jotform or other submission forms). This may include answering brief location-specific questions and uploading a timestamped photo at each Service Stop. These submissions serve as client-facing documentation only and do not direct the method, manner, or timing of how the service itself is performed. CONTRACTOR remains fully responsible for selecting the approach and means to perform the service tasks.

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III. CONTRACTED SERVICES

From time to time, the CHEETAH CAN platform may notify CONTRACTOR of opportunities to accept and complete service routes consisting of stops at one or more properties—such as residential homes, vacation rentals, or other participating locations—in accordance with customer orders placed through the CHEETAH CAN platform (each, a “Service Route”). For each Service Route accepted by CONTRACTOR (a “Contracted Service Route”), CONTRACTOR agrees to complete every assigned service stop (“Service Stop”) in a timely, safe, and professional manner.

CONTRACTOR understands and agrees that the specifications and expectations for each Service Route are determined by the client, not CHEETAH CAN. The consumer’s request outlines the desired outcome, not the method by which CONTRACTOR must achieve it. CONTRACTOR retains full control over how the work is completed.

While CONTRACTOR may cancel a previously accepted Service Route in accordance with reasonable business judgment, CONTRACTOR agrees to uphold a satisfactory customer service rating and a consistent completion and accuracy rate. Failure to maintain these standards will be considered a material breach of this Agreement and may result in termination or deactivation of the CONTRACTOR’s access to the CHEETAH CAN platform.

CONTRACTOR acknowledges that CHEETAH CAN retains the discretion to decide which, if any, Service Routes to offer, just as CONTRACTOR retains full discretion in deciding whether to accept them.

CONTRACTOR further acknowledges that they operate an independent business, separate from CHEETAH CAN, whose business is solely to facilitate an online scheduling and communication platform connecting independent contractors with customers.

During the course of an accepted Service Route, CONTRACTOR authorizes CHEETAH CAN to communicate with them and with the relevant customer or property manager solely to assist with coordination, updates, or support—only to the extent allowed by CONTRACTOR. Under no circumstances shall CHEETAH CAN control or direct how CONTRACTOR performs their duties.

Specifically:

• CHEETAH CAN does not require any specific make, model, or condition of vehicle used by CONTRACTOR.
   

• CONTRACTOR does not report to a CHEETAH CAN supervisor.
   

• CONTRACTOR is not required to wear uniforms or display CHEETAH CAN branding while performing services.
   

• CHEETAH CAN does not regulate CONTRACTOR’s personal appearance.
   

• CONTRACTOR does not undergo regular performance evaluations from CHEETAH CAN.
   

If CONTRACTOR fails to fully perform a Contracted Service (“Service Failure”) due to their own action or omission, CONTRACTOR may forfeit some or all payment for that job. Should CONTRACTOR dispute a determination of Service Failure, resolution will follow the "Payment Disputes" provision below.

CONTRACTOR agrees to immediately notify CHEETAH CAN in writing at support@cheetahcan.com if the services performed or the expectations deviate from what is outlined in this section.

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IV. RELATIONSHIP OF THE PARTIES

The Parties agree and acknowledge that this Agreement is entered into by two independent and separately operated business entities. This Agreement does not create an employer-employee relationship, partnership, joint venture, or agency relationship of any kind.

Each Party operates at its own risk and responsibility. Neither Party has the authority to bind or represent the other, except as specifically allowed under this Agreement.

CHEETAH CAN does not, and shall not, control how CONTRACTOR completes any Contracted Service. Any provisions that reserve ultimate authority in CHEETAH CAN exist solely to ensure service quality, safety, or compliance with applicable laws and regulations.

CHEETAH CAN will report payments made to CONTRACTOR on a calendar-year basis via IRS Form 1099, if and when such payments meet federal reporting thresholds. CONTRACTOR is solely responsible for reporting and paying any federal, state, or local taxes on all income received, including tips and gratuities.

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V. PAYMENT FOR SERVICES

Unless otherwise stated in writing, CONTRACTOR will be paid per completed and accurate Service Stop and/or Service Route in accordance with the current public pay model. From time to time, CHEETAH CAN may offer bonuses or special rates for services completed at certain times or in specific areas. CONTRACTOR is free to accept or reject these offers and may also negotiate alternative rates.

Payments for completed services will be processed through CHEETAH CAN’s billing system and transferred to CONTRACTOR by direct deposit on at least a weekly basis, unless otherwise specified in writing.

From time to time, CHEETAH CAN may offer promotional incentives or referral bonuses. CONTRACTOR agrees not to manipulate, abuse, or exploit these programs, including (but not limited to):

• Falsifying location data;
   

• Accepting bonus pay while ineligible;
   

• Creating multiple user or contractor accounts.
   

Such actions constitute a material breach of this Agreement and may result in immediate deactivation.

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VI. PAYMENT DISPUTES

A. Service Failures by CONTRACTOR:
In the event of a Service Failure, CONTRACTOR may be deemed ineligible to receive full or partial payment for the affected service. This determination will be based on available information provided by the customer, CONTRACTOR, and any relevant parties. CHEETAH CAN will make a good faith, reasonable determination regarding fault.

CONTRACTOR has the right to dispute this determination. Any such dispute must be submitted in writing to support@cheetahcan.com, including relevant documentation, photos, or other evidence.

B. Payment Errors by CHEETAH CAN:
If CONTRACTOR believes they were not paid accurately or timely for services rendered, they must first notify CHEETAH CAN in writing at support@cheetahcan.com and provide a reasonable opportunity to resolve the issue. If the matter is not resolved and CONTRACTOR is found to be owed payment, they may pursue legal remedies under this Agreement. In such cases, reasonable costs incurred to recover unpaid wages may also be reimbursed.

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VII. EQUIPMENT AND EXPENSES

CONTRACTOR represents that they possess, or can legally obtain, all necessary equipment—including vehicles—required to perform Contracted Services. CONTRACTOR is solely responsible for ensuring that any vehicle used complies with all applicable safety, maintenance, inspection, and operational regulations.

All costs and expenses related to the performance of Contracted Services shall be the sole responsibility of CONTRACTOR, including those relating to CONTRACTOR’s personnel and equipment. Unless otherwise required by law, CONTRACTOR assumes full risk of damage, theft, or loss of their equipment.

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VIII. PERSONNEL

For safety and compliance purposes, CONTRACTOR must successfully pass a background check conducted by a third-party vendor, contingent on CONTRACTOR’s lawful consent. CONTRACTOR may delegate service performance to others (employees or subcontractors), provided these individuals meet the same criteria applicable to CONTRACTOR, including the background check requirement.

CONTRACTOR is fully responsible for the direction, oversight, and compensation of all personnel used to fulfill Contracted Services. CONTRACTOR assumes liability for all payments due to such personnel, including wages, benefits, taxes, and insurance contributions. CHEETAH CAN shall have no responsibility or liability for any employment-related claims involving CONTRACTOR’s personnel.

CONTRACTOR and any personnel are not required to wear uniforms or branding. If CONTRACTOR chooses to wear CHEETAH CAN-branded attire, it is done voluntarily and without obligation.

If CONTRACTOR uses third-party personnel, they must execute a written agreement enforcing compliance with the terms of this Agreement. A copy of such agreement must be submitted to CHEETAH CAN at least seven (7) days prior to any service being performed by said personnel. This requirement exists solely to confirm CONTRACTOR’s compliance.

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IX. INSURANCE

CONTRACTOR must maintain, at their own expense, all insurance required by law for the performance of Contracted Services. Failure to maintain such insurance will be considered a material breach and may result in termination of this Agreement.

Upon request, CONTRACTOR agrees to provide current certificates of insurance and must also notify CHEETAH CAN at least thirty (30) days before any policy cancellation.

Workers’ Compensation/Occupational Accident Insurance: CONTRACTOR must maintain adequate coverage for work-related injuries, as required by law. CONTRACTOR acknowledges they are not entitled to workers’ compensation benefits from CHEETAH CAN and is responsible for providing such coverage for themselves and their personnel.

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X. INDEMNITY

CHEETAH CAN agrees to indemnify and hold harmless CONTRACTOR from any legal claims directly arising from CHEETAH CAN’s platform operations.

CONTRACTOR agrees to indemnify and hold harmless CHEETAH CAN and its affiliates from all claims, damages, or liabilities resulting from:

• Actions or omissions of CONTRACTOR or their personnel;

• Personal injury or death;

• CONTRACTOR’s failure to comply with this Agreement;

• All employment-related obligations or taxes involving CONTRACTOR’s personnel;

• Any business expenses or regulatory penalties incurred through CONTRACTOR’s operations.

 

 

XI. MUTUAL ARBITRATION PROVISION

CONTRACTOR and CHEETAH CAN agree to resolve any and all disputes related to this Agreement exclusively through binding arbitration under the Federal Arbitration Act (FAA). This includes—but is not limited to—claims related to classification, payments, services, terminations, or statutory employment rights.

To initiate arbitration, the party must notify the other in writing by certified mail or hand delivery. The request must include:

1. Party name and address

2. Legal and factual basis of the dispute

3. Remedy sought

4. Amount in controversy

Send arbitration demands to: 7950 NW 155th St, Suite 205, Miami, FL, 33016

Class Action Waiver: Both parties waive rights to bring or participate in any class, collective, or representative actions. If a court determines the class waiver is unenforceable, the affected portion must be litigated in court, while enforceable portions remain in arbitration.

Arbitration Rules: The arbitration will follow CPR Administered Arbitration Rules, and CPR Employment-Related Mass-Claims Protocol where applicable. Key terms include:

• One arbitrator (an attorney with relevant legal experience)

• Location within 45 miles of CONTRACTOR’s residence, unless mutually agreed otherwise

• Shared filing and admin costs, not to exceed normal court filing fees for CONTRACTOR

• Discovery and motions allowed similar to civil court procedure

• Written decisions including findings of fact and conclusions of law

• Injunctive relief available through courts if needed

Rights Reserved: Nothing in this section prevents CONTRACTOR from filing charges or cooperating with government agencies such as EEOC, DOL, SEC, NLRB, or OFCCP. It also does not interfere with legally required administrative steps before arbitration.

Opt-Out Clause: CONTRACTOR may opt out of arbitration by mailing a signed, written notice to CHEETAH CAN’s General Counsel within 30 days of this Agreement’s effective date. No email opt-outs are permitted. The letter must:

• Be personally signed by CONTRACTOR

• Be postmarked within 30 days

• Only opt out one individual per letter

Failure to opt out within 30 days means both parties agree to be bound by this arbitration clause.

If any part of this provision is found unenforceable, the rest shall remain in effect. Arbitration awards may be entered in any court of competent jurisdiction.

 

XII. NON-SOLICITATION

During the term of this Agreement and for a period of three (3) years following the termination of this Agreement or the termination of the business relationship—regardless of the reason for such termination—the Contractor (hereinafter "Restricted Party") agrees not to, directly or indirectly, solicit, induce, or attempt to solicit or induce any employee, contractor, client, customer, or vendor of CHEETAH CAN (hereinafter "Protected Party") to terminate their relationship with the Protected Party or to enter into a business relationship with another person or entity. Specifically, the Restricted Party agrees not to:

• Solicit, induce, or attempt to solicit or induce any employee or contractor of the Protected Party to end their employment or contract with the Protected Party;

• Solicit, induce, or attempt to solicit or induce any client, customer, or vendor of the Protected Party to terminate or reduce their business relationship with the Protected Party;

• Disclose to any third party any confidential information about the Protected Party’s employees, contractors, clients, customers, or vendors, including but not limited to names, contact details, or nature of business relationships;

• Assist or enable any third party in efforts to solicit, induce, or attempt to solicit or induce any employee, contractor, client, customer, or vendor of the Protected Party.

This non-solicitation clause also prohibits any attempts to bypass this provision by using third parties, related businesses, family members, or other intermediaries. The Restricted Party shall not participate in or facilitate any arrangement—directly or indirectly—that would violate the purpose or effect of this provision.

This restriction applies to all employees, contractors, clients, customers, and vendors with whom the Restricted Party had material contact during the three (3) years preceding the termination of this Agreement.

The Restricted Party acknowledges that this clause is a material inducement for the Protected Party to enter into this Agreement and that any breach would result in irreparable harm to the Protected Party. As such, monetary damages would be insufficient, and the Protected Party shall be entitled to seek injunctive relief and other equitable remedies in addition to any legal remedies.

Consequences of Violation: In the event of a breach of this clause, the Protected Party reserves the right to take any or all of the following actions:

• Immediate suspension of the Contractor’s platform access;

• Permanent deactivation of the Contractor’s account;

• Withholding of any outstanding payments;

• Pursuit of legal action, including but not limited to, injunctive relief and damages.

Acknowledgement: The Restricted Party acknowledges that direct contracting with CHEETAH CAN clients or vendors undermines CHEETAH CAN’s control over its platform, compromises service standards and safety, and disrupts the integrity of the marketplace. The Restricted Party agrees that this clause is essential to protect CHEETAH CAN’s legitimate business interests.

 

XIII. LITIGATION CLASS ACTION WAIVER

To the extent permitted by applicable law, separate and apart from the Mutual Arbitration Provision outlined in Section XI, CONTRACTOR agrees that any legal proceedings initiated in court arising out of or relating to this Agreement—whether due to CONTRACTOR opting out of arbitration or for any other reason—shall be conducted exclusively on an individual basis. CONTRACTOR agrees not to bring or participate in any class action, representative action, collective action, private attorney-general action, or similar group litigation (“Litigation Class Action Waiver”).

CONTRACTOR further agrees that no proceeding may be joined, combined, or consolidated with another without the express prior written consent of all parties involved. If a court of competent jurisdiction finds this Litigation Class Action Waiver to be unenforceable, unconscionable, void, or voidable in whole or in part, the remainder of this Agreement shall continue to be valid and enforceable.

 

 

XIV. TERMINATION OF AGREEMENT

CONTRACTOR may terminate this Agreement at any time with seven (7) days’ written notice. CHEETAH CAN may terminate this Agreement and deactivate CONTRACTOR’s access to the CHEETAH CAN platform in accordance with the company’s Deactivation Policy or in the event of a material breach of this Agreement.

CHEETAH CAN reserves the right to revise its Deactivation Policy in good faith for reasons including operational safety or efficiency. Notice of such changes will be provided via email, and continued use of the CHEETAH CAN platform will constitute CONTRACTOR’s acceptance of such changes. CONTRACTOR may attempt to negotiate exceptions to any modifications made.

All rights and obligations relating to the Mutual Arbitration Provision in Section XI shall survive the termination of this Agreement.

 

 

XV. ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER

This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein. It may only be amended in writing and with the signed consent of both Parties. CONTRACTOR has the right to review and discuss any proposed modifications with CHEETAH CAN before accepting them. This Agreement supersedes all prior agreements between the Parties.

In the event of any inconsistency between this Agreement and any consumer-facing Terms and Conditions, this Agreement shall govern. The decision to opt out of arbitration in this Agreement does not affect the enforceability of any separate arbitration provisions that may exist in CHEETAH CAN’s consumer-facing policies.

Neither Party may assign this Agreement without the written consent of the other, except that CHEETAH CAN may assign its rights and obligations under this Agreement to any affiliated entity, legal successor, or purchaser of its business assets. All references to CHEETAH CAN shall include such successor entities.

Failure by either Party to enforce any term or exercise any option under this Agreement shall not be construed as a waiver of that term or option.

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XVI. MISCELLANEOUS

Captions: Section headings in this Agreement are for convenience only and do not alter the interpretation of any section.

Severability: Except as specifically provided in Section XI, if any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law: Except for the arbitration provisions governed by the FAA, this Agreement shall be governed by the laws of the state in which CONTRACTOR performs the majority of services under this Agreement.

Notice and Opportunity to Cure: CONTRACTOR agrees to notify CHEETAH CAN in writing at support@cheetahcan.com of any breach or perceived breach of this Agreement, including claims that services performed differ from the terms of this Agreement or that the relationship between the Parties deviates from what is described in Section IV (Relationship of Parties).